C.C.S.M. c. W210
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DEFINITIONS
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1
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| Definitions
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PURPOSE OF THIS ACT
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2
| (1)
| General objects and purposes
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| (2)
| Specific objects and purposes
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APPLICATION OF THIS ACT
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3
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| Application of Act
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DUTIES OF EMPLOYERS
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4
| (1)
| General duties of employers
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| (2)
| Further duties of employer
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| (3)
| Employer as supervisor
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| (4)
| Employer's duty re training
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| (5)
| Performing work activity during training
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| (6)
| Wages and benefits during training
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DUTIES OF SUPERVISORS
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4.1
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| Duties of supervisors
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DUTIES OF WORKERS
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5
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| General duties of workers
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DUTIES OF SELF-EMPLOYED PERSONS
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6
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| General duties of self-employed persons
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DUTIES OF PRIME CONTRACTORS
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7
| (1)
| Requirement for prime contractor
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| (2)
| Prime contractor for construction project
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| (3)
| Duties of prime contractor
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DUTIES OF CONTRACTORS
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7.1
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| Duties of contractors
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DUTIES OF OWNERS
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7.2
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| Duties of owners
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DUTIES OF SUPPLIERS
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7.3
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| Duties of suppliers
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WORKPLACE SAFETY AND HEALTH PROGRAM
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7.4
| (1)
| Establishment of workplace safety and health program
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| (2)
| Determining number of workers
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| (3)
| Program for multiple workplaces
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| (4)
| Considerations of director
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| (5)
| Content of program
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| (6)
| Requirement for consultation
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| (7)
| Program available on request
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| (8)
| Co-ordination of programs by prime contractor
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DUTY TO PROVIDE REQUIRED INFORMATION
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7.5
| (1)
| Definition: "required information"
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| (2)
| Required information by prime contractor
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| (3)
| Required information by contractor
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| (4)
| Required information by owner
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| (5)
| Required information by owner of construction project
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PERSONS WITH MULTIPLE FUNCTIONS
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7.6
| (1)
| Definition: "function"
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| (2)
| Multiple functions
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7.7
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| Responsibility if duties apply to more than one person
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RELATIONSHIP OF THIS ACT TO THE WORKERS COMPENSATION ACT
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8
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| Effect on compensation
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9
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| Effect on liabilities
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10
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11
| (1)
| Repealed
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| (2)
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DUTIES AND POWERS OF THE DIRECTOR
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12
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| Duties of director
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13
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| Powers of director
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13.1
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| Public reporting of orders and penalties
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DUTIES AND POWERS OF THE MINISTER
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14
| (1)
| Powers of minister
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| (2)
| Remuneration and expenses
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| (3)
| Payment of certain costs
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| (4)
| Administration of Act
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| (4.1)
| Minister to appoint director
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| (5)
| Consolidated Fund
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14.1
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| Review
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15
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| Repealed
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16
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| Repealed
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CHIEF OCCUPATIONAL MEDICAL OFFICER
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17
| (1)
| Chief occupational medical officer
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| (2)
| Powers of chief occupational medical officer
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| (3)
| Authorization for occupational health nurse
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CHIEF PREVENTION OFFICER
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17.1
| (1)
| Chief prevention officer
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| (2)
| Term of appointment
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| (3)
| Responsibilities
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| (4)
| Annual report by chief prevention officer
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| (5)
| Workplace injury and illness prevention recommendations
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| (6)
| Consultation
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REGULATIONS, CODES AND STANDARDS
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18
| (1)
| Regulations
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| (2)
| Application of regulations
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19
| (1)
| Approval of codes of practice
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| (2)
| Notice in Gazette
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20
| (1)
| Failure to observe code, no offence
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| (2)
| Admissibility of codes as evidence
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| (3)
| Certified copy of code required
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| (4)
| Onus
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21
| (1)
| Exemption from regulation
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| (2)
| Considerations on exemptions
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| (3)
| Terms and conditions of order
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| (4)
| Reconsideration of exemption order
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SAFETY AND HEALTH OFFICERS
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22
| (1)
| Appointment of safety and health officers
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| (2)
| Agreements with other provinces
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| (3)
| Inspections for other jurisdictions
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| (4)
| Credentials to be provided to safety and health officer
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23
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| Duties of safety and health officers
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24
| (1)
| Powers of safety and health officers
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| (2)
| Order for entry into residential premises
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25
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| Power of commissioner under Evidence Act
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IMPROVEMENT ORDERS
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26
| (1)
| Improvement orders
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| (2)
| Stop work warning
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27 to 31
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| Repealed
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32
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33
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| Remedial measures
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34
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| Period for compliance with improvement orders
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35
| (1)
| Reporting compliance with improvement orders
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| (2)
| Achieving compliance with improvement orders
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STOP WORK ORDERS
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36
| (1)
| Stop work order
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| (1.1)
| Stop work order — multiple workplaces
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| (2)
| Improvement work not affected
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| (3)
| Repealed
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| (4)
| Duration of stop work order
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| (5)
| Duration of varied order
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| (6)
| Workers must be paid
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| (7)
| If alternate work not available
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| (8)
| Appeal
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COMMUNICATING IMPROVEMENT ORDERS AND STOP WORK ORDERS
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36.1
| (1)
| Communication of orders
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| (2)
| Communication to worker and self-employed person
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| (3)
| Communication of improvement order
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| (4)
| Communication of stop work order
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| (5)
| Directions for communication
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36.2
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| Communication of orders to prime contractor
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36.3
| (1)
| Communication to workplace committees
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| (2)
| Posting improvement order
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APPEALS
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37
| (1)
| Appeal can be made to director
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| (2)
| How to appeal
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| (2.1)
| Submissions from interested persons
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| (3)
| Hearing not required
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| (4)
| Decision
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| (5)
| Reasons
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| (6)
| Original decision remains in effect pending appeal
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38
| (1)
| Referring an appeal to Board
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| (2)
| Reasons
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| (3)
| Director to give information to Board
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39
| (1)
| Appeal to Board
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| (2)
| How to appeal
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| (3)
| Notice of hearing date
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| (4)
| Director is party
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| (5)
| Right to be heard
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| (6)
| Decision
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| (7)
| Order remains in effect pending appeal
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| (8)
| Order filed in Queen's Bench
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| (9)
| Appeal to Court of Appeal
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WORKPLACE SAFETY AND HEALTH COMMITTEES AND REPRESENTATIVES
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40
| (1)
| Workplace safety and health committee
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| (2)
| Exception for construction project with prime contractor
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| (3)
| Committee for construction project site
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| (4)
| Determining number of workers
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| (5)
| More than one committee in a workplace
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| (6)
| Committee for multiple workplaces
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| (7)
| Considerations of director
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| (7.1)
| Reconsideration re one committee for multiple workplaces
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| (8)
| Membership of committee
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| (9)
| Posting of names of members
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| (10)
| Duties of committee
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| (11)
| Time off for committee work
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| (12)
| Entitlement to pay for work as committee member
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| (13)
| Training of committee members
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41
| (1)
| Workplace safety and health representative
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| (2)
| Appointment of representative
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| (3)
| Posting of name of representative
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| (4)
| Repealed
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| (5)
| Duties of representative
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| (6)
| Time off for work as representative
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| (7)
| Entitlement to pay for work as representative
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| (8)
| Training of representative
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41.1
| (1)
| Definition: "employer"
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| (1.1)
| Recommendation by co-chair of committee
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| (2)
| Employer response to recommendations
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| (3)
| Contents of employer response
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| (4)
| Referral to safety and health officer
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| (5)
| Order from officer
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| (6)
| No limitation
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41.2
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| Information on request
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41.3
| (1)
| Accompanying an officer
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| (2)
| Employer co-operation
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DISCRIMINATORY ACTION
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42
| (1)
| Discriminatory action against worker prohibited
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| (2)
| Failure to pay wages or benefits
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42.1
| (1)
| Referring a complaint to an officer
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| (2)
| Order
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| (3)
| Officer to advise if no discriminatory action
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| (4)
| Onus on employer or union
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| (5)
| Court order to reinstate, etc.
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RIGHT TO REFUSE DANGEROUS WORK
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43
| (1)
| Right to refuse dangerous work
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| (2)
| Reporting the refusal
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| (3)
| Inspecting dangerous conditions
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| (4)
| Remedial action
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| (5)
| Worker may continue to refuse
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| (6)
| Other workers not to be assigned
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43.1
| (1)
| Report of dangerous condition to an officer
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| (2)
| Investigation by officer
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| (3)
| Order by officer
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| (4)
| Decision not to issue an order
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43.2
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| Worker entitled to be paid despite refusal
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43.3
| (1)
| Employer not to make worker work in unsafe conditions
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| (2)
| Employer may remedy dangerous condition
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EDUCATIONAL LEAVE
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44
| (1)
| Educational leave
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| (1.1)
| Time allowed for educational leave
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| (2)
| Total number of safety and health committee members
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| (2.1)
| Pay while attending educational leave programming
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| (2.2)
| Exception
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| (3)
| Education program on construction sites
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| (4)
| Education program at seasonal workplace
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45
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| Repealed
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NEEDLES IN MEDICAL WORKPLACES
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45.1
| (1)
| Use of safety-engineered needles
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| (2)
| If safety-engineered needles not practicable
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| (3)
| Procedures — needlestick injuries
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| (4)
| Investigation and report required
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| (5)
| Definitions
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INAPPROPRIATE OR UNSAFE FOOTWEAR
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45.2
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| Inappropriate or unsafe footwear
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GENERAL PROVISIONS
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46
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| Obtaining information
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46.1
| (1)
| Order to conduct tests
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| (2)
| Service of order
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47
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| Repealed
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48
| (1)
| Confidential information
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| (2)
| Names to remain confidential
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49
| (1)
| Exemption from liability
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| (2)
| No exemption in case of negligence
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49.1
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| Officials cannot be compelled to testify
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50
| (1)
| Medical examinations and health surveillance
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| (2)
| Examinations during working hours
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| (3)
| Health surveillance
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51
| (1)
| Reports
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| (2)
| Reports by hospitals
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| (3)
| Information confidential
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52
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| Power to require alternative work
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53
| (1)
| Requirement of occupational health service
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| (2)
| Minister may specify health services to be provided
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| (3)
| Continued operation of health service
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ADMINISTRATIVE PENALTIES
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53.1
| (1)
| Administrative penalty
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| (2)
| Imposing a penalty
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| (3)
| When penalty may be imposed
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| (4)
| Maximum amount
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| (5)
| Notice
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| (6)
| Serving the notice
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| (7)
| Appeal to the board
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| (8)
| Notice of hearing
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| (9)
| Decision of the board
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| (10)
| Payment
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| (11)
| Debt due to the government
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| (12)
| Certificate registered in court
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| (13)
| No offence to be charged if penalty is paid
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| (14)
| Lien for debt
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| (15)
| Extent of security
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| (16)
| When lien takes effect
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| (17)
| Registration and enforcement of lien
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OFFENCES AND PENALTIES
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54
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| Offences
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55
| (1)
| Penalty
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| (2)
| Repealed
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| (3)
| Additional penalty
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| (4)
| Further penalty
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| (5)
| Time limit for prosecution
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55.1
| (1)
| Additional penalties
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| (2)
| Limit
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56
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| Offences by directors, etc., of corporations
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57
| (1)
| Onus
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| (2)
| Person deemed to be employer
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| (3)
| Application of subsection (1)
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58
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| Laying of information
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59
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| Repealed
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